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7-2A-504
Section 7-2A-504 Liquidation of damages. (1) Damages payable by either party for default, or
any other act or omission, including indemnity for loss or diminution of anticipated tax benefits
or loss or damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then anticipated
harm caused by the default or other act or omission. (2) If the lease agreement provides for
liquidation of damages, and such provision does not comply with subsection (1), or such provision
is an exclusive or limited remedy that circumstances cause to fail of its essential purpose,
remedy may be had as provided in this article. (3) If the lessor justifiably withholds or
stops delivery of goods because of the lessee's default or insolvency (Section 7-2A-525 or
7-2A-526), the lessee is entitled to restitution of any amount by which the sum of his or
her payments exceeds: (a) the amount to which the lessor is entitled by...
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8-37-2
Section 8-37-2 (Effective January 1, 2018) Definitions. For the purposes of this chapter, the
following words have the following meanings: (1) ADMINISTRATOR. A person, other than an insurer
or creditor, that performs administrative or operational functions pursuant to guaranteed
asset protection waiver programs. (2) BORROWER. A debtor, retail buyer or lessee, under a
finance agreement. (3) CREDITOR means any of the following: a. The lender in a loan or credit
transaction. b. The lessor in a lease transaction. c. Any retail seller of motor vehicles
in a retail installment transaction. d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase
or lease of a motor vehicle. (5) FREE LOOK PERIOD. The period of time from the effective date
of the GAP waiver until the date the borrower may cancel the GAP...
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8-6-110
Section 8-6-110 Definitions. The following words and phrases, as used in this article, shall
have the following meanings: (1) AUTHORIZING ACT. Any of the following statutes or acts: a.
Any of the following sections, as amended: Section 11-20-1 et seq., relating to industrial
revenue bonds to be issued by counties; Section 11-54-20 et seq., relating to industrial revenue
bonds to be issued by municipalities; Section 11-54-80 et seq., relating to industrial revenue
bonds to be issued by municipal industrial development boards; Section 11-58-1 et seq., relating
to industrial revenue bonds to be issued by municipal medical clinic boards, Section 22-21-170
et seq., relating to industrial revenue bonds to be issued by county and municipal hospital
authorities; and Section 11-20-30 et seq., relating to industrial revenue bonds to be issued
by county industrial development boards. b. The following acts of the Alabama Legislature:
Act No. 4, enacted at the 1956 Second Special Session of the...
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5-8A-35
Section 5-8A-35 Assumption or rejection of executory contracts by receiver. The receiver shall
assume or reject an executory contract, including an unexpired lease of real or personal property,
within 60 days after appointment, but the receivership court may for cause shown extend or
reduce the time. Any such contract or lease not assumed or rejected within that time shall
be deemed to be rejected. The receiver shall file within 60 days of his appointment, a statement
under oath showing which, if any, of the contracts of the bank are executory in whole or in
part, including unexpired leases of real or personal property, and which, if any, have been
rejected by the receiver. Unless a lease of real or personal property expressly otherwise
provides, a rejection of the lease or of any covenant therein by the receiver of the lessor
does not deprive the lessee of his estate. A general covenant or condition in a lease that
it shall not be assigned shall not be construed to prevent the...
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7-2A-214
Section 7-2A-214 Exclusion or modification of warranties. (1) Words or conduct relevant to
the creation of an express warranty and words or conduct tending to negate or limit a warranty
must be construed wherever reasonable as consistent with each other; but, subject to the provisions
of Section 7-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative
to the extent that the construction is unreasonable. (2) Subject to subsection (3): (a) to
exclude or modify the implied warranty of "merchantability," or any part of it the
language must mention merchantability, be by a writing, and be conspicuous. Language to exclude
the implied warranty of merchantability is sufficient if it is in writing, is conspicuous
and states, for example, "There is no warranty that the goods will be merchantable."
(b) to exclude or modify any implied warranty of fitness the exclusion must be by a writing
and be conspicuous. Language to exclude all implied warranties of fitness is sufficient...
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41-10-102
Section 41-10-102 Remedies upon default on bonds, etc. (a) Remedies upon default on bonds or
indenture. If there shall be any default in the payment of the principal of or interest on
any of the bonds issued under this article, or in the performance of any provisions of the
indenture or proceedings authorizing the issuance of such bonds, then the holder of any of
the bonds and the interest coupons applicable thereto and the trustee under such indenture
or any one or more of them shall have and may exercise any one or more of the following remedies:
(1) They may by civil action, mandamus, injunction or other proceeding compel the performance
of all duties of the officers and directors of the corporation with respect to the use of
funds for the payment of the bonds and for the performance of the bonds and the agreements
of the corporation contained in the bonds, the indenture or in the proceedings under which
they were issued; (2) They may institute a civil action and shall be entitled...
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32-8-2
Section 32-8-2 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) CURRENT ADDRESS. A new address different from the address
shown on the application or on the certificate of title. The owner, within 30 days after the
address is changed from that shown on the application or on the certificate of title, shall
notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
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8-6-121
Section 8-6-121 Criminal penalties. Any lessee, any guarantor, or any officer of any issuer,
lessee, or guarantor or any other person, firm, or corporation who: (1) Willfully violates
this article; (2) Willfully participates in the issuance of any industrial revenue bonds without
having obtained the certificate of notification required by Section 8-6-120; (3) Willfully
participates in the issuance of any industrial revenue bonds in violation of this article;
(4) Willfully violates any stop order lawfully issued by the director or the commission under
this article and in effect; or (5) Makes or files or causes to be made or filed, with the
director or the commission under this article, any statement, document, or other paper which
is false in any material respect or matter; shall be guilty of a felony and upon conviction
shall be fined not more than $10,000 or shall be imprisoned for a period not exceeding 10
years or both so fined and so imprisoned, as the trial court shall determine....
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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11-81-141
Section 11-81-141 Powers of municipalities or counties generally; provisions in instruments
or deeds of trust creating pledges, mortgages, liens, etc., for payment of bonds; determination
of costs of acquisition, construction, etc., of undertakings. (a) In addition to the powers
which it may now have, any municipality or county shall have power under this division: (1)
To acquire by gift or purchase, to construct, to reconstruct, to improve, to better or to
extend any undertaking within or without the municipality or county or partially within or
partially without the municipality or county; (2) To operate and maintain any undertaking
for its own use and for the use of public and private consumers and users within and without
the territorial boundaries of the municipality or county; (3) To lease any undertaking or
portion thereof to any agency or department of the State of Alabama for a period or periods
not exceeding 40 years from the completion of the construction of the work, if...
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